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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Victory and Power Ministries ) File No.: EB-FIELDSCR-13-00009961
)
Licensee of Station WPFC-AM ) NOV No.: V201332620022
)
Baton Rouge, LA ) Facility ID: 31172
)
NOTICE OF VIOLATION
Released: July 22, 2013
By the Deputy Regional Director, New Orleans Office, South Central Region,
Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules)^ to Victory and Power Ministries,
licensee of AM Station WPFC in Baton Rouge, Louisiana. Pursuant to
Section 1.89(a) of the Rules, issuance of this Notice does not
preclude the Enforcement Bureau from further action if warranted,
including issuing a Notice of Apparent Liability for Forfeiture for
the violation(s) noted herein.^
2. On July 12, 2013, an agent of the Enforcement Bureau's New Orleans
Office inspected Station WPFC located at 6943 Titian Ave., Baton
Rouge, LA, and observed the following violations:
a. 47 C.F.R. S 11.52(d)(2): "Emergency Alert System (EAS) participants
must comply with the following monitoring requirement: With respect
to monitoring EAS messages formatted in accordance with the
specifications set forth in S 11.56(a)(2), EAS Participants' EAS
equipment must interface with the Federal Emergency Management
Agency's Integrated Public Alert and Warning System (IPAWS) to
enable............... the distribution of Common Alert Protocol
(CAP)-formatted alert messages from the IPAWS system to EAS
Participants' EAS equipment." At the time of inspection, WPFC's EAS
equipment, a Sage EAS Endec Model 1822, did not have an interface
with the Federal Emergency Management Agency's IPAWS.
b. 47 C.F.R. S 73.1820(a)(1)(C)(iii): "Entries must be made in the
station log either manually by a person designated by the licensee
who is in actual charge of the transmitting apparatus, or by
automatic devices meeting the requirements of paragraph (b) of this
section. Indications of operating parameters..........The actual time
of observation must be included in each log entry. The following
information must be entered: An entry of each test and activation of
the EAS pursuant to the requirement of part 11 of this chapter and
the EAS Operating Handbook. Stations may keep EAS data in a special
EAS log which shall be maintained at a convenient location; however,
this log is considered a part of the station log." At the time of
inspection, Station WPFC could not produce EAS logs for the past six
months.
3. As the nation's emergency warning system, the Emergency Alert System
is critical to public safety, and we recognize the vital role that
broadcasters play in ensuring its success. The Commission takes
seriously any violations of the Rules implementing the EAS and expects
full compliance from its licensees.
4. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended,^ and Section 1.89 of the Rules, we seek additional
information concerning the violations and any remedial actions taken.
Therefore, Victory and Power Ministries must submit a written
statement concerning this matter within twenty (20) days of release of
this Notice. The response (i) must fully explain each violation,
including all relevant surrounding facts and circumstances, (ii) must
contain a statement of the specific actions taken to correct each
violation and preclude recurrence, and (iii) must include a time line
for completion of any pending corrective action(s). The response must
be complete in itself and must not be abbreviated by reference to
other communications or answers to other notices.^
5. In accordance with Section 1.16 of the Rules, we direct Victory and
Power Ministries to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of Victory and Power Ministries with personal
knowledge of the representations provided in Victory and Power
Ministries' response, verifying the truth and accuracy of the
information therein,^ and confirming that all of the information
requested by this Notice which is in the licensee's possession,
custody, control, or knowledge has been produced. To knowingly and
willfully make any false statement or conceal any material fact in
reply to this Notice is punishable by fine or imprisonment under Title
18 of the U.S. Code.^
6. All replies and documentation sent in response to this Notice should
be marked with the File No. and NOV No. specified above, and mailed to
the following address:
Federal Communications Commission
New Orleans Office
2424 Edenborn Ave.
Suite 460
Metairie, LA 70001
7. This Notice shall be sent to Victory and Power Ministries at its
address of record.
8. The Privacy Act of 1974^ requires that we advise you that the
Commission will use all relevant material information before it,
including any information disclosed in your reply, to determine what,
if any, enforcement action is required to ensure compliance.
FEDERAL COMMUNICATIONS COMMISSION
Loyd Perry
Deputy Regional Director
New Orleans District Office
South Central Region
Enforcement Bureau
^ 47 C.F.R. S 1.89.
^ 47 C.F.R. S 1.89(a).
^ 47 U.S.C. S 308(b).
^ 47 C.F.R. S 1.89(c).
^ Section 1.16 of the Rules provides that "[a]ny document to be filed with
the Federal Communications Commission and which is required by any law,
rule or other regulation of the United States to be supported, evidenced,
established or proved by a written sworn declaration, verification,
certificate, statement, oath or affidavit by the person making the same,
may be supported, evidenced, established or proved by the unsworn
declaration, certification, verification, or statement in writing of such
person . . . . Such declaration shall be subscribed by the declarant as
true under penalty of perjury, and dated, in substantially the following
form . . . : `I declare (or certify, verify, or state) under penalty of
perjury that the foregoing is true and correct. Executed on (date).
(Signature)'." 47 C.F.R. S 1.16.
^ 18 U.S.C. S 1001 et seq. See also 47 C.F.R. S 1.17.
^ P.L. 93-579, 5 U.S.C. S 552a(e)(3).
Federal Communications Commission
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Federal Communications Commission